4
Examination
of
The Hongkong Government Gazette.
in the First Year of the Reign of His late Majesty King William the Fourth, intituled "An act to en Courts of Law to order the examination of Witnesses upon interrogatories or otherwise;" and it shall lawful for the Court or Registrar to adjourn the examination from time to time as occasion may requi, and the proceedings upon such examination shall be conducted and the depositions taken down, as nearly may be in the mode now in use with respect to the viva voce examination of witnesses under the said
XXXII. Any party to any Civil action or other Civil proceeding in Court, requiring the affidavit o person who refuses to person who refuses to make an affidavit, may apply by summons for an order to such person to appear and! examined upon oath before the Court or Registrar, to whom it may be most convenient to refer se examination, as to the matters concerning which he has refused to make an affidavit; and the Court may.. it think fit, make such order for the attendance of such person before the person therein appointed to such examination, for the purpose of being examined as aforesaid, and for the production of any writings documents to be mentioned in such order, and may thereupon impose such terms as to such examinati and the costs of the application and proceedings therein, as it shall think just.
make an affidavit.
Discovery of docu-
ments.
Proceedings upon XXXIII. Such order shall be proceeded upon in like manner as an Order made under the hereinbeferr order for examination. mentioned Act passed in the First year of the Reign of his late Majesty King William the Fourth, and t examination thereon shall be conducted, and the depositions taken down and returned, as nearly as mayt in the mode now used on vira coce examinations under the said Act of Parliament.
XXXIV. Upon the application of either party to any cause or other civil proceeding in Court, upoo » affidavit of such party of his belief that any document, to the production of which he is entitled for the p pose of discovery or otherwise, is in the possession or power of the opposite party, it shall be lawful for t Court to order that the party against whom such application is made, or if such party is a Body Corporat that some officer to be named of such Body Corporate, shall answer on affidavit, stating what documents! or they has or have in his or their possession or power relating to the matters in dispute, or what he know, as to the custody they or any of them are in, and whether he or they objects or object (and if so on wl. grounds,) to the production of such as are in his or their possession or power; and upon such affidavit bei made, the Court may make such further order thereon as shall be just.
Power to deliver
to opposite party.
XXXV. In all causes in Court, by order of the Court, the Plaintiff may with the declaration, and t- written interrogatories Defendant may with the plea, or either of them by leave of the Court may, at any other time, deliver the opposite party or his attorney, (provided such party, if not a Body Corporate, would be liable to be cal and examined as a witness upon such matter,) interrogatories in writing upon any matter as to which D covery may be sought, and require such Party, or in the case of a Body Corporate any of the officers of su Body Corporate, within ten days to answer the questions in writing by affidavit, to be sworn and filed in the ordinary way; and any party or officer omitting, without just cause, sufficiently to answer all Questions & to which a Discovery may be sought within the above time, or such extended time as the Court shall allen shall be deemed to have committed a contempt of the Court, and shall be liable to be proceeded again accordingly.
Affidavits by party proposing to interro-
gate and his attorney
Oral examination
allowed.
'
XXXVI. The application for such order shall be made upon an affidavit of the party proposing to b terrogate, and his Attorney or agent, or in the case of a Body Corporate, of their attorney or agent, stati, that the deponents or deponent believe or believes that the party proposing to interrogate, whether Plai or Defendant, will derive material benefit in the cause from the Discovery which he seeks, that there > : good cause of Action or Defence upon the merits, and, if the application be made on the part of: Defendant, that the Discovery is not sought for the purpose of Delay; provided that where it shall happ from unavoidable circumstances, that the Plaintiff or Defendant cannot join in such Affidavit, the Co may, if it think fit, upon affidavit of such circumstances by which the Party is prevented from so joini:: therein, allow and order that the Interrogatories may be delivered without such affidavit.
XXXVII. In case of Omission, without just cause, to answer sufficiently such written interrogatorie of parties, when to be it shall be lawful for the Court, at its Discretion, to direct an Oral examination of the interrogated par as to such point as they or he may direct, before the Court or Registrar; and the Court may, by such R or order, or any subsequent Rule or order, command the attendance of such party or parties before t person appointed to take such examination, for the purpose of being orally examined as aforesaid, or t production of any writings or other documents to be mentioned in such Rule or Order, and may impo therein such terms as to such examination, and the costs of the application, and of the proceedings there and otherwise, as to such Court shall seem just.
Proceedings upon such rule or order.
XXXVIII. Such Rule or Order shall have the same force and effect, and may be proceeded upon like manner, as an order made under the said hereinbefore mentioned Act passed in the First Year of t Reign of His late Majesty King William the Fourth.
Depositions upon XXXIX. Whenever, by virtue of this Ordinance, an examination of any witness or witnesses has be such examination to taken before the Court or before the Registrar, the depositions taken down by such examiner shall b be returned to Regis- returned to and kept in the Registrar's office of the Court; and office copies of such depositions may trar's office.
given out, and the depositions may be otherwise used, in the same manner as in the case of depositic taken under the hereinbefore mentioned Act passed in the First Year of the Reign of His late Maje«. King William the Fourth.
I W. 4, c. 22.
Examiner to make report to the Court.
XL. It shall be lawful for the Registrar named in any such rule or order as aforesaid for taking o aminations under this Ordinance, and he is hereby required to make, if need be, a special report to the Co touching such examination, and the conduct or absence of any witness or other person thereon or relat thereto; and the Court is hereby authorized to institute such proceedings and make such order and ordı upon such Report as justice may require, and as may be instituted and made in any case of contempt of 1- Court.
XLI. The costs of every application for any Rule or Order to be made for the examination and examination to be witnesses by virtue of this Ordinance, and of the Rule or Order and proceedings thereon, shall be in the in discretion of the 'cretion of the Court.,
Jury.
The costs of rule
Court.
nes-es.
Inspection by jury, XLII. Either party shall be at liberty to apply to the Court or Judge for a Rule or Order for t by parties, or by wit-inspection by the Jury or by himself or by his witnesses, of any real or personal property, the inspection which may be material to the proper determination of the question in dispute; and it shall be lawful for t Court, if it think fit, to make such rule or order upon such terms as to costs and otherwise as such Co may direct.
•
Rule or order for XLIII. It shall be lawful for the Court to make such Rules or Orders upon the Sheriff or other pers summoning jury. as may be necessary to procure the attendance of a Special or Common Jury for the trial of any cause
matter depending in such Court, at such time and place and in such manner as the said Court
think!
Proceedings to re-
vive.
may
Revivor. XLIV. With respect to proceedings for the revival of judgments and other proceedings by and aga persons not parties to the record, it shall be lawful that during the lives of the parties to a judgment -
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